Hart
Hart v. C. H. & O. B. Fuller Co.
Opinion
Lead Opinion
Shaw, J.
Upon the trial of this action the court found: “That within one year last past, to wit, in the month of February, 1917, the defendant kept five hundred and eighty (580) head of cattle in a certain pasture belonging to plaintiff for a period of about nine (9) days; and that the pasture so received by defendant from plaintiff was of the reasonable value of four hundred and thirty-two ($432) dollars,” and accordingly entered judgment for plaintiff, from which defendant appealed, claiming the finding in question is not supported by the evidence. It appears therefrom that plaintiff, as the owner of certain land in Imperial County, leased the same to Kehar Singh for a term expiring on January 31, 1917; that during the year 1916 Singh in farming the land produced a crop of corn or maize which, about December 9, 1916, was harvested and removed from the land, leaving the corn-stalks standing thereon, which, together with wild oats and other growth, possessed some value for the pasturage of stock; that on said last-mentioned date, to wit, December 9th, Singh by a written instrument sold and transferred to defendant all his title to the corn-stalks so standing and the right to run stock upon…